Skip to content
Thursday, 12 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter XIII: Information To The Police And Their Powers To Investigate

Section 181 BNSS: Statements to police and use thereof

Corresponding CrPC
Section 162 CrPC

Bare Act text

(1) No statement made by any person to a police officer in the course of an investigation under this Chapter, shall, if reduced to writing, be signed by the person making it; nor shall any such statement or any record thereof, whether in a police diary or otherwise, or any part of such statement or record, be used for any purpose, save as hereinafter provided, at any inquiry or trial in respect of any offence under investigation at the time when such statement was made:

Provided that when any witness is called for the prosecution in such inquiry or trial whose statement has been reduced into writing as aforesaid, any part of his statement, if duly proved, may be used by the accused, and with the permission of the Court, by the prosecution, to contradict such witness in the manner provided by section 148 of the Bharatiya Sakshya Adhiniyam, 2023; and when any part of such statement is so used, any part thereof may also be used in the re-examination of such witness, but for the purpose only of explaining any matter referred to in his cross-examination.

(2) Nothing in this section shall be deemed to apply to any statement falling within the provisions of clause (a) of section 26 of the Bharatiya Sakshya Adhiniyam, 2023; or to affect the provisions of the proviso to sub-section (2) of section 23 of that Adhiniyam.

Explanation.—An omission to state a fact or circumstance in the statement referred to in sub-section (1) may amount to contradiction if the same appears to be significant and otherwise relevant having regard to the context in which such omission occurs and whether any omission amounts to a contradiction in the particular context shall be a question of fact.

Text as enacted in the Bharatiya Nagarik Suraksha Sanhita, 2023 (Act No. 46 of 2023), in force from 1 July 2024. Source: India Code, Government of India.

In simple words

A statement made to a police officer during investigation, if written down, shall not be signed by the person making it. Neither the statement nor any record of it may be used for any purpose at an inquiry or trial for the offence under investigation, except as the section provides. When a prosecution witness's statement has been so recorded, any part of it, if duly proved, may be used by the accused, and with the Court's permission by the prosecution, to contradict the witness as provided in section 148 of the Bharatiya Sakshya Adhiniyam, 2023. Any part so used may also be used in re-examination, only to explain matters raised in cross-examination. The section does not apply to statements falling under clause (a) of section 26 of that Adhiniyam, or affect the proviso to section 23(2). An omission to state a fact may amount to contradiction if significant and relevant in context, which is a question of fact.

Chapter XIII: Information To The Police And Their Powers To Investigate

  1. 173 Information in cognizable cases
  2. 174 Information as to non-cognizable cases and investigation of such cases
  3. 175 Police officer’s power to investigate cognizable case
  4. 176 Procedure for investigation
  5. 177 Report how submitted
  6. 178 Power to hold investigation or preliminary inquiry
  7. 179 Police officer's power to require attendance of witnesses
  8. 180 Examination of witnesses by police
  9. 181 Statements to police and use thereof
  10. 182 No inducement to be offered
  11. 183 Recording of confessions and statements
  12. 184 Medical examination of victim of rape
  13. 185 Search by police officer
  14. 186 When officer in charge of police station may require another to issue search-warrant
  15. 187 Procedure when investigation cannot be completed in twenty-four hours
  16. 188 Report of investigation by subordinate police officer
  17. 189 Release of accused when evidence deficient
  18. 190 Cases to be sent to Magistrate, when evidence is sufficient
  19. 191 Complainant and witnesses not to be required to accompany police officer and not to be subject to restraint
  20. 192 Diary of proceedings in investigation
  21. 193 Report of police officer on completion of investigation
  22. 194 Police to enquire and report on suicide, etc
  23. 195 Power to summon persons
  24. 196 Inquiry by Magistrate into cause of death